RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03786

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He is pursuing a Doctor of Philosophy (PhD) at North Central University and they offer a 20 percent discount to veterans with an honorable discharge.  He has lived a drug-free and clean lifestyle for the past 30 years; received an engineering degree, as well as, a Master’s in Business Administration (MBA).  He has worked for various government agencies delivering assets to the warfighter.  He has been married for 20 years and has 3 children.  He has lived a life without a criminal record and has contributed to the society in which he lives.  The discharge upgrade would save him approximately $20,000 in getting his PhD.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 17 Jan 85, the applicant initially entered the Regular Air Force.

On or about 26 Jan 86, the applicant was involved in an injury to a minor who had been drinking alcoholic beverages at a party he sponsored.  For this misconduct, he received a Letter of Reprimand (LOR).  

On or about 4 Aug 86, the applicant while on Temporary Duty (TDY) at Nellis Air Force Base, NV took a paper from a local civilian and refused to return it.  For this misconduct, he received a LOR.  

Between on or about 14 Nov 86 to on or about 14 Dec 86, the applicant wrongfully used marijuana.  For this misconduct, he received Non-Judicial Punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), reduction in grade and forfeiture of $150.00 pay per month for 2 months.  

On 20 Apr 87, the applicant was notified of his commander’s intent to recommend his discharge from the Air Force for Misconduct – Drug Abuse, under the provisions of AFR 39-10, Administrative Separation of Airmen.  Before recommending discharge the commander noted the applicant was orally and administratively counseled and placed in the drug abuse program.  The commander did not recommend probation or rehabilitation due to the applicant’s nonresponse to counseling and disciplinary actions taken against him.  The applicant acknowledged receipt of the notification of discharge.   

On 28 Apr 87, the Staff Judge Advocate (SJA) found the case legally sufficient to support discharge and recommended the applicant receive a general (under honorable conditions) discharge without probation or rehabilitation.  The discharge authority approved the applicant’s discharge.  

On 4 May 87, the applicant was discharged for Misconduct – Drug Abuse with service characterized as general (under honorable conditions) in the grade of airman.  He served 2 years, 3 months and 18 days of total active service. 

On 9 Mar 16, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C).  As of this date, this office has not received a response.  

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years, and that it has been over 25 years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03786 in Executive Session on 10 Nov 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Aug 15, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 9 Mar 16, w/atch.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.